The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Courts Monday March 12 1906

552 and the case of the The Municipality of the City of Poona 19 Bom. [...] It would seem that the remand order was made at the intance and for the benefit of the present Petitioner for the Court said :—" As the Appellants ask for it the proper order will be to remand the case to ascertain whether there has been as there was in the case I have referred to any partition and if so by whom and when not of the lands by metes and bounds but of the one estate into six s [...] If it transpires that such is the case the present Plaintiffs can successfully maintain the suit upon the authority to which I have referred but if there was no such partition the suit must be dismissed with costs." It is obvious from the language of the judgment that the Petitioners felt themselves in a difficulty in succeeding it being a second appeal owing to the finding of a lower Court tha [...] Leslie DeGruyther for the Petitioners submited that the High Court had lost sight of the fact that on the remand they were not permitted to produce further evidence that the facts found raised the inference that Petitioners were separate divided owners of the two mehals and were entitled to collect the rents the amounts for which had been settled that the true construction of sec. [...] On appeal to the High Court Held—That as the grantor remained responsible for the payment of Government Revenue and it was he who retained his position as the recorded propritor of the property assigned and as the grantee paid a portion of the revenue not to the Government but to the grantor the right of the grantee cannot be described as equivalent to an estate.